Title 45, Trade and Commerce

A manufacturer or distributor who fails to refund the full purchase price of a motor vehicle or replace the motor vehicle when there is a requirement to do so under AS 45.45.300 — 45.45.360 is presumed to have committed an unfair trade practice under AS 45.50.471.

A motor vehicle returned under AS 45.45.305 may not be resold by the manufacturer or distributor in the state unless full disclosure of the reason for the return is made to the prospective buyer before the resale is concluded.

The provisions of AS 45.45.300 — 45.45.360 do not limit other rights and remedies that may be available to the owner of a motor vehicle under other provisions of law. This section does not create a new cause of action against a dealer or repairing agent who sells or attempts to r…

A manufacturer or distributor of motor vehicles who authorizes the sale of the manufacturer's or distributor's motor vehicles in the state shall maintain authorized dealership facilities within the state that are able to perform the service and make the repairs required by the ma…

A manufacturer or distributor who accepts the return of a nonconforming motor vehicle under AS 45.45.305 shall reimburse the owner for any reasonable cost incurred in shipping the vehicle to and from the nearest authorized facility for warranty service and repair of a nonconformi…

If a manufacturer or distributor has established an informal dispute settlement procedure that substantially complies with the requirements of 16 C.F.R. Part 703, as that section may be amended, or if the manufacturer or distributor, after receipt of notice required by AS 45.45.3…

In AS 45.45.300 — 45.45.360, (1) “dealer” means a person who has obtained a franchise from, or is authorized by, a motor vehicle manufacturer to engage in the retail sale and warranty repair of the manufacturer's new motor vehicles in the state; (2) “distributor” means a person w…

(a) A person engaged in the business of selling used motor vehicles may not transfer or assign the owner's title or interest in the used vehicle to a person who resides in an area subject to a state-approved emission inspection program established under AS 46.14.400 or 46.14.510 …

If a rental car business charges a cost recovery fee, the rental car business shall separately identify and charge for each cost recovery fee in writing in the rental car agreement. In this section, “cost recovery fee” means a vehicle licensing cost recovery fee, an airport-relat…

(a) A rental car business may not charge a renter a vehicle licensing cost recovery fee unless the vehicle licensing cost recovery fee represents a good faith estimate by the rental car business of the average daily cost to the rental car business of recovering its actual total a…

In AS 45.45.450 — 45.45.459, (1) “car” means a motor vehicle; (2) “licensing cost” means the cost of titling, registering, obtaining license plates for, or inspection of the rental cars of a rental car business in the state; (3) “motor vehicle” has the meaning given in AS 28.90.9…

A copyright owner or a performing rights society may not enter into, or offer to enter into, a contract for the payment of royalties by a business proprietor unless at the time of the offer, or within 72 hours before entering into the contract, the copyright owner or performing r…

(a) A royalties contract entered into, issued, or renewed in this state must be in writing and signed by the parties. The contract must include at least the (1) business proprietor's name and business address, and the name and location of each place of business of the business pr…

A copyright owner, a performing rights society, or an agent or employee of a copyright owner or performing rights society may not collect or attempt to collect a payment or another fee under a royalties contract between the copyright owner or performing rights society and a busin…

(a) A performing rights society, or an agent or employee of a performing rights society, may not collect or attempt to collect a royalty payment or another fee from a business proprietor licensed by the performing rights society, unless the collection or collection attempt is mad…

A person who suffers a loss as a result of another person knowingly engaging in conduct that violates AS 45.45.500 — 45.45.590 may bring a civil action to recover actual damages and reasonable attorney fees, to enjoin the violation, and to seek any other remedy available at law o…

The provisions of AS 45.45.500 — 45.45.590 do not apply to (1) a royalties contract between copyright owners, or performing rights societies, and (A) broadcasters licensed by the Federal Communications Commission; or (B) a cable television operator, a cable television programmer,…

AS 45.45.500 — 45.45.590 may not be construed to prevent a performing rights society from informing a business proprietor of the business proprietor's obligations under 17 U.S.C. (federal copyright law) or from exercising any exclusive rights preempted under 17 U.S.C. 301(a).

In AS 45.45.500 — 45.45.590, (1) “business proprietor” means a person who owns a place of business in which the public may assemble and in which copyrighted musical works may be performed, broadcasted, or otherwise transmitted; in this paragraph, “place of business” includes a st…

A manufacturer who sells an assistive technology device or a mobility aid to a consumer, either directly or through a dealer, shall furnish the consumer with an express warranty stating that the assistive technology device or mobility aid is free from any nonconformity. The durat…

If a new assistive technology device or mobility aid does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the lessor, or any of the manufacturer's authorized dealers and makes the assistive technology device or mobilit…

If, after a reasonable attempt to repair, the nonconformity reported under AS 45.45.610 is not repaired, the manufacturer shall (1) at the direction of a consumer who has not leased the assistive technology device or the mobility aid from a dealer, do one of the following: (A) ac…

(a) To receive a comparable new assistive technology device or mobility aid or a refund under AS 45.45.620(1), a consumer shall offer to transfer possession of the assistive technology device or mobility aid having the nonconformity to its manufacturer. No later than 30 days afte…

A person may not enforce the lease for an assistive technology device or a mobility aid against the consumer after the consumer receives a refund under AS 45.45.600 — 45.45.690.

An assistive technology device or mobility aid returned by a consumer or a lessor in this state under AS 45.45.600 — 45.45.690, or by a consumer or lessor in another state under a similar law of that state, may not be sold or leased again in this state unless full disclosure of t…

A waiver by a consumer of rights under AS 45.45.600 — 45.45.690 is void.

AS 45.45.600 — 45.45.690 do not limit rights or remedies available to a consumer under any other law.

In addition to pursuing another remedy, a consumer may bring an action to recover for damages caused by a violation of AS 45.45.600 — 45.45.690. The court shall award a consumer who prevails in an action under this section twice the amount of any pecuniary loss, together with cos…

In AS 45.45.600 — 45.45.690, (1) “assistive technology device” means an item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used or designed to be used to increase, maintain, or improve a functional capability…

(a) A distributor may not coerce or attempt to coerce a dealer to perform certain acts by using duress or by threatening to terminate the distributorship agreement or another agreement between the distributor and the dealer. (b) In this section, “certain acts” means (1) the purch…

(a) If a dealer maintains a stock of merchandise supplied for the dealer's resale under a distributorship agreement and if the distributor or the dealer terminates the distributorship agreement, the distributor shall, unless the dealer chooses to keep the merchandise, pay the dea…

A distributor shall make the payments to the dealer under AS 45.45.710 not later than three months after the date the agreement is terminated. When the payment is made, the distributor shall provide the dealer with a final detailed statement of account for the merchandise.

Unless the distributorship agreement is continued by the personal representative, an heir, a devisee, or another successor in interest of the individual, upon the death or disability of an individual who is a dealer or holds a majority interest in a dealer, a distributor who supp…

(a) In addition to any purchase of merchandise required by AS 45.45.710, if a distributor terminates a distributorship agreement or makes substantial changes in the competitive situation of the distributor's dealer with regard to distribution of the merchandise or services that a…

(a) A distributor may not require a dealer to agree to any of the following terms in a distributorship agreement, or in another agreement that is ancillary to a distributorship agreement, as a condition of an offer, grant, or renewal of a distributorship agreement or ancillary ag…

(a) A dealer may bring an action in court against a distributor if the distributor engages in activity prohibited under AS 45.45.700 — 45.45.790. (b) In an action brought under (a) of this section, the dealer may obtain one or more of the following types of relief that apply to t…

(a) AS 45.45.700 — 45.45.790 do not apply to (1) a distributorship agreement that would be considered a franchise regulated by 15 U.S.C. 2801 — 2841 (Petroleum Marketing Practices Act); (2) a situation regulated by AS 45.50.800 — 45.50.850; (3) a distributorship agreement, includ…

In AS 45.45.700 — 45.45.790, (1) “dealer” means a person who enters into a distributorship agreement and who, under the agreement, receives merchandise or services from a distributor; (2) “distributor” means a person who enters into a distributorship agreement and who, under the …

(a) It is unlawful for a person who is not the owner or authorized user of a computer to engage in deceptive acts or practices described in this subsection using spyware. Deceptive acts or practices under this subsection are (1) causing a pop-up advertisement to be shown on the c…

Notwithstanding AS 45.45.792, a provider of computer software or an interactive computer service may, after notice to a customer, remove from or disable a program on the customer's computer that is used to (1) violate AS 45.45.792; or (2) collect information from the computer of …

In AS 45.45.792 — 45.45.798, (1) “interactive computer service” means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server; “interactive computer service” includes an Internet or online service…

A provision, clause, covenant, or agreement contained in, collateral to, or affecting a construction contract that purports to indemnify the promisee against liability for damages for (1) death or bodily injury to persons, (2) injury to property, (3) design defects, or (4) other …

(a) A motor carrier and a shipping person may not, with regard to a transportation services contract, agree that (1) the motor carrier will indemnify, defend, or hold the shipping person harmless, or agree to a provision that has the effect of indemnifying, defending, or holding …

(a) Unless exempted by the department under (d) of this section, a person may not sell, offer to sell, or otherwise transfer in the course of the person's business a consumer electrical product that is manufactured after August 14, 1990, unless the product is clearly marked as be…

(a) Notwithstanding a provision in AS 45.02 to the contrary, a seller may not offer, promote, advertise, or provide a consumer with goods or services for a free trial period unless the seller complies with all the conditions of this section. (b) When offering, promoting, or adver…

(a) Notwithstanding a provision in AS 45.02 to the contrary, a seller may not use an opt-out marketing plan to sell goods or services unless the seller complies with all of the provisions of this section. (b) Before using an opt-out marketing plan, a seller shall obtain express v…